Philippine Bar review · Question

Practice question: Foreseeability

Multiple Choice Medium

Practice question

A defendant argues that an injury cannot be foreseeable because its occurrence was not guaranteed. The relevant risk was reasonably apparent and the injury followed naturally from it. Which is correct?
  1. Lack of certainty alone does not establish unforeseeability.
  2. Only guaranteed injuries can support negligence.
  3. Every possible injury is automatically recoverable.
  4. The defendant’s wish for safety determines the issue conclusively.
  5. The claimant need prove no causal connection.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, article2176.
  • https://lawphil.net/judjuris/juri2017/mar2017/gr_164749_2017.html — Abrogar v Cosmos Bottling, GR 164749, March 15 2017, main opinion: ordinarily prudent expectation at the time of act or default.
  • https://lawphil.net/judjuris/juri2009/nov2009/gr_173146_2009.html — Agusan del Norte Electric Cooperative v Balen, GR 173146, November 25 2009, main opinion: foreseeability test.
  • https://lawphil.net/judjuris/juri2023/jun2023/gr_254395_2023.html — Davao del Norte Electric Cooperative v Heirs of Lucas, GR 254395, June 14 2023, main opinion: foreseeable intervening events.

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